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modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
<br />embodied in plans, specifications, studies, drawings, estimates, and other documents or
<br />works of authorship fixed in any tangible medium of expression, including but not limited
<br />to, physical drawings or data magnetically or otherwise recorded on computer diskettes,
<br />which are prepared or caused to be prepared by Consultant under this Agreement
<br />("Documents & Data"). Consultant shall require all subcontractors to agree in writing that
<br />City is granted a non-exclusive and perpetual license for any Documents & Data the
<br />subcontractor prepares under this Agreement. Consultant represents and warrants that
<br />Consultant has the legal right to license any and all Documents & Data. Consultant makes
<br />no such representation and warranty in regard to Documents & Data which were provided
<br />to Consultant by the City. City shall not be limited in any way in its use of the Documents
<br />and Data at any time, provided that any such use not within the purposes intended by this
<br />Agreement shall be at City's sole risk.
<br />7. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described
<br />below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial
<br />general liability insurance naming the City, its officers, employees, agents, volunteers
<br />and representatives as additional insured(s) and shall include, but not be limited to
<br />protection against claims arising from bodily and personal injury, including death
<br />resulting therefrom and damage to property, resulting from any act or occurrence
<br />arising out of Consultant's operations in the performance of this Agreement, including,
<br />without limitation, acts involving vehicles. The amounts of insurance shall be not less
<br />than the following: single limit coverage applying to bodily and personal injury,
<br />including death resulting therefrom, and property damage, in the total amount of
<br />$1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a)
<br />name the City, its officers, employees, agents, and representatives as additional
<br />insured(s); (b) be primary and not contributory with respect to insurance or self-
<br />insurance programs maintained by the City; and (c) contain standard separation of
<br />insureds provisions.
<br />b. Business automobile liability insurance, or equivalent form, with a combined single
<br />limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage
<br />for owned, hired and non -owned automobiles.
<br />Worker's Compensation Insurance. In accordance with the provisions of Section 3700
<br />of the Labor Code, Consultant, if Consultant has any employees, is required to be
<br />insured against liability for worker's compensation or to undertake self-insurance.
<br />Prior to commencing the performance of the work under this Agreement, Consultant
<br />agrees to obtain and maintain any employer's liability insurance with limits not less
<br />than $1,000,000 per accident.
<br />d. If Consultant is or employs a licensed professional such as an architect or engineer:
<br />City of Santa Ana RFP 23-123
<br />Page A2-3
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